TERMS AND CONDITIONS OF THE PAYMENT MULTI-PURPOSE Card would need to complete a ATM Cash Dispute/Request Form. Any CARD - AUTOMATED TELLER MACHINE CARD request to issue a replacement Card and a new PIN is subject to the provision under clause 10 stated herein. Disputes pertaining to non- In consideration of CIMB Bank PLC („the Bank‟) issuing a ATM Card, dispensed cash (but account debited) or incorrect cash dispensed, etc, will I/We hereby agree to be governed by the following Terms & Conditions: be entertained upon the Cardholder completing the MEPS Customer Complaints Form. The Bank will act on the complaint immediately and try to 1. Definition resolve the complaint within 14 days from the date of receipt of the 1.1 In these Terms & Conditions, the following definitions will apply: - complaint failing which the Bank will notify the complainant to ask for an extension of time of a further fourteen (14) days. (a) “Bank” means CIMB Bank PLC which is inclusive of its successors in title and assigns. 7. Responsibility for Transactions and the ATM Card (c) “ATM” means an Automated Teller Machine that is installed by the 7.1 The Cardholder is responsible for all transactions performed with the Bank for use of its/their customers. Card and shall accept the Bank‟s records of all the Cardholder‟s (d) “ATM Services” means services offered by the Bank to its transactions effected as binding and conclusive. customers which involves the use of ATM. (e) “Branch” means a branch of the Bank. 7.2 The Cardholder shall ensure that the microprocessor, magnetic stripe (f) “Card” means the Bank‟s ATM Card and any replacement thereof and/or data in the Card are not in any way altered or tampered with by any issued by the BANK to any of its customers to enable him/her to use an means whatsoever and without affecting the Cardholder‟s ownership of ATM. the Card. The Cardholder hereby agrees that the Bank shall have the right (h) “Fund” cash belonging to the ATM Cardholder. to retain possession of the Card or upon request by the Bank, surrender (i) “Cardholder” means the person to whom and for whose use, a the same for the purpose of verification, rectification or validation of the Card is issued by the Bank. data stored in the Card. (j) “Machine” means an Automated Teller Machine (ATM) (k) “PIN” means a Personal Identification Number in order to use the 7.3 The Bank will not be responsible for any damage to the Card once the ATM services. Cardholder has accepted it. The Cardholder is required to keep the Card in a safe place, free from any magnetic source or excessive heat and also to 2. Ownership of the ATM Card (‘the Card’) ensure that the Card is not bent or defaced wherein the same may cause 2.1 The Card shall remain the property of the Bank at all times and the the Card to be damaged. The Bank will issue a replacement for a damaged Cardholder immediately upon Card upon request and it is subjected to a charge based on the prevailing The usage of the Card is subject to the terms and conditions Card replacement fees. Simultaneously, a replacement PIN will also be request. shall surrender the Card to the Bank applicable from time to time and only in the authorized manner as issued. prescribed herein and may or shall be amended from time to time at the sole discretion of the Bank. 7.4 The Cardholder shall not hold the Bank, its servant and/or agents liable, responsible or accountable in any way whatsoever in the event of loss, 3. Non-Transferability of the Card injury or damage arising from any mechanical defect or malfunction of the 3.1 The Card is issued solely to and for the use by the Cardholder and is ATM Machine, interruption or loss of power supply to the ATM Machine or nottransferable. The Cardholder shall not use the Card as a pledge or for any reasons whatsoever. guarantee to secure credit facilities or enter into any transaction 8. Maintaining Sufficient Balance in the Cardholder’s Account concerning the same. 8.2 The balance in the Cardholder‟s account procured from the ATM shall 4. Confidentiality of the Personal Identification Number not include unrealized deposits, if any, and it shall not be taken as a 4.1 A personal identification number („PIN‟) will be issued to a new conclusive statement of account of the Cardholder with the Bank. Cardholder to enable him/her to access the ATM. However, the Cardholder will have to change the PIN as provided by the Bank before 9. Validity and Termination being allowed to access the ATM services offered. The Cardholder 9.1 The Cardholder shall return the Card to the Bank for cancellation, if shallat all times observe the security measures attached to the Card and he/she has no further use of it or the Cardholder‟s account has been closed PIN as prescribed by the Bank. The Cardholder must never reveal for any reasons whatsoever. Notwithstanding the above, the Bank reserves his/her PIN to anyone, including the Bank‟s personnel, and it should not the right at any time to revoke the Cardholder‟s right to use the Card or it be kept together with the Card but should be committed to memory. may refuse to renew or replace the Card wherein written notification of the same will be given to the Cardholder by the Bank or any authorized 5. Loss, Destruction or Theft of the Card personnel acting on behalf of the Bank. The Cardholder shall not use the 5.1 If there is suspicion that the Card is lost, has been stolen or is destroyedand/or that the confidentiality of the PIN has Card after receiving such notification of revocation. been compromised, the Cardholder must immediately notify the Bank to 10. ATM Card Replacement suspend the Card. In this respect, the Cardholder can contact the Bank‟s 10.1 Upon the Bank being notified of the occurrence of any of the events Call Centre at stated herein under clause 5, the Bank may upon the written request of the +855 (0) 23 988 388 Cardholder and/or at its sole and absolute discretion issue a new Card and PIN upon such terms and conditions that the Bank deems fit and against 5.2 The Cardholder shall be responsible for all transactions performed via such indemnity that the Bank may require of the Cardholder. the Card prior to notification by the Cardholder to the Bank of its loss or theft etc wherein the same shall be duly acknowledged by the Bank. 10.2 The Bank shall impose a replacement charge of USD6.00 for a new ATM Card and PIN issued to the Cardholder. 6. Complaints and Disputes Concerning the Card 6.1 A Cardholder who wishes to register a complaint/s with regard to the 11. Use of Card to access and operate transactions under one or any electronic or paper media, or so provided on the notice board at the more account (s). Bank‟s branch premises, or Bank‟s Internet website, or Machine. 11.1 Upon the request of the Cardholder and approval of the Bank the Card 18.3 Notwithstanding and without prejudice to the generality of the clauses can be used by the Cardholder to access and operate one or more in these Terms and Conditions, the Cardholder shall expressly agree that accounts maintained by the Cardholder with the CIMB Bank PLC. and all the use of the Card is at his/her own risk and the Cardholder shall assume transactions so effected by the Cardholder under the said account (s) all risks, either incidental or arising out of the use of the Card and shall shall be deemed to be transactions of theCardholder and binding on the fully indemnify the Bank and hold the Bank harmless against all losses, Cardholder. The Cardholder further agrees that transactions effected via costs, and expenses (legal or otherwise) which may be incurred by the the use of a card issued by CIMBBank PLC. in respect of any account Cardholder or the Bank in connection with the ATM Card and for all (s) maintained with the Bank shall be binding on the Cardholder. transactions performed with the Card (notwithstanding such transactions may be fraudulent or unauthorized). 12. Annual Card Fees 12.1 The Cardholder agrees that (i) the Bank shall be entitled to charge 18.4 Without prejudice to the foregoing clauses, it is expressly agreed that an the Terms and Conditions stated herein are supplementary to the existing annual fee in respect of the Card on the date of the Card issuance and Bank‟s Rules and Regulations governing the use and operation of Savings subsequently on each anniversary date of the Card issuance or on any and Current Accounts. other date which the Bank may determine from time to time without any prior notice to the Cardholder; (ii) the Bank may without prior notice to 18.5 These Terms and Conditions shall be governed by and construed in the Cardholder debit and/or set off or cause the debit and/or set off as accordance with the laws of the case may be of the annual Card fee and/or any annual card fee in under or in this connection with these Terms and Conditions shall be in the respect of a card issued by CIMB Bank PLC. (' the said fee(s)') from any English language and/or the Khmer Language. . In the event of a conflict of the Cardholder's account (s) maintained with the Bank and/or CIMB between the English Language text and the Khmer Language text, the Bank PLC and the Bank shall not be liable to the Cardholder in any way English Language version shall prevail. whatsoever if as a consequence of such aforesaid debiting and/or set off of the said fee (s) the said account (s) of the Cardholder maintained with the Bank and/or CIMB Bank PLC shall have no or insufficient funds; and (iii) the debiting and/or set off of the annual card fee in respect of a card issued by CIMB Bank PLC from any of the Cardholder's account (s) maintained with the Bank shall be binding on the Cardholder. 14. Joint Account Holders 14.1 The Bank may at its sole discretion issue an additional Card to the corholder of a joint account provided the condition to operate the joint account is for either one to operate. The joint account holders shall be jointly and severally liable under the terms and conditions stated herein for which purpose words denoting the singular should be deemed to include the plural. 15. Shared ATM Network 15.1 The Terms and Conditions governing the use of ATM Card on the Bank‟s ATM network shall also apply to the use of the shared ATM Network under MEPS, , PLUS or any other institution approved by National Bank of Cambodia 15.2 Activation of the Card for overseas usage is required. 18. General 18.1 The Terms & Conditions governing the account of the Cardholder with the Bank and which are consistent with these Terms and Conditions governing the use of the ATM Card shall apply to transactions effected with the use of the Card. However, if in the event of conflict pertaining to ATM transactions, the Terms and Conditions stated herein shall prevail over the Terms & Conditions governing the Cardholder‟s account 18.2 The Bank may at any time vary, add, delete or amend the Terms and Conditions stated herein. The Bank shall at its own discretion choose the appropriate mode of communicating such variation, addition, deletion or amendment to the Cardholder(s), and the Cardholder(s) is deemed to have received such notification(s), whether such notification(s) is sent to the Cardholder‟s last known address with the Bank, and/or publicized in Cambodia. All notices or communication